Fashion is more than just clothing; it’s an expression of identity, a form of artistry, and for many, a business. But in the hustle and bustle of the fashion world, protecting your creations is essential. After all, you wouldn’t want someone else profiting from your hard work and innovation, would you?
One powerful tool in safeguarding your fashion designs is through trade and design mark registration. Yes, you heard it right – those intricate patterns you meticulously design can be more than just a fashion statement; they can be legally protected assets.
In the UK, this is called a pattern mark and registering a pattern as a trade mark offers robust protection. But hold your horses; it’s not as straightforward as snapping your fingers and calling it a day. There are hoops to jump through, boxes to tick, and unique challenges to overcome.
First and foremost, your pattern must stand out from the crowd. It needs to be distinctive, something that sets it apart in a sea of designs. Think about it – would you notice a plain, ordinary polka dot in a room full of patterns? Probably not. But a unique, eye-catching design? Now we’re talking.
Take Burberry, for example. Their iconic chequered pattern is instantly recognisable and is a registered UK trade mark. It’s distinctive, it’s unique, and it’s a prime example of how a pattern can become synonymous with a brand.
But what if your pattern isn’t inherently distinctive? Fear not, for all hope is not lost. You can show that your pattern has acquired distinctiveness through time and its use in the market, it just takes time and perseverance to do this. Essentially, if you’ve been flaunting your pattern around long enough for consumers to associate it with your brand, you’re on the right track.
However, tread carefully when using symbols like flags or emblems. While they may add flair to your designs, using them without proper authorisation could land you in hot water. The Union Flag, for instance, is off-limits unless you’re using a stylised version that won’t cause confusion or offense.
Fashion brands often try to prove the distinctiveness of their marks by showcasing media coverage. For instance, ‘Manolo Blahnik’ successfully argued that the exposure of their ‘Hangisi’ shoe in the ‘Sex and the City’ movie helped it gain distinctiveness. Despite efforts to prove exposure through catalogues, ads, and media coverage, the evidence presented lacked specificity for the General Court. Even though magazines like Marie-Claire and Vogue featured ads with the contested mark, the court deemed the distribution insufficient to reach a significant portion of the relevant public.
Additionally, Louis Vuitton lost a 7-year long battle in 2023 to protect its staple chequerboard Damier Azur pattern. Despite obtaining an international registration from the World Intellectual Property Organisation (“WIPO”) on the 4 November 2008. Highlighting that distinctiveness is key.
Now, let’s talk digital. We are increasingly seeing a rise in the digital world, fashion isn’t confined to physical garments. Digital goods, including virtual clothing and accessories, are becoming all the rage. But here’s the kicker – registering pattern marks for virtual goods isn’t a walk in the park. Just ask Burberry, whose application faced objections due to lack of distinctiveness.
But fear not, fellow fashionistas, for there’s more than one way to skin a cat – or in this case, protect a pattern. Registered designs offer a shorter but equally effective route to safeguard your creations. With a design registration, your patterns are shielded from imitation for up to twenty-five years. Design registrations also avoid the classification issue which some business owners face. Not too shabby, eh?
And let’s not forget about copyright – the unsung hero of intellectual property protection. While it may not offer the same level of protection as trade marks or design rights, it’s still a valuable tool in your arsenal.
In the world of fashion, protecting your intellectual property is non-negotiable. Whether it’s through trade marks, design rights, or copyright, there’s no shortage of options to keep your creations safe and sound. So, the next time you’re sketching out your latest masterpiece, remember – a little legal savvy goes a long way in the world of fashion.
How National Business Register Can Help Protect Your Brand
At National Business Register, we recognise that your brand is one of your business’s most valuable assets. Our team of IP experts can guide you through the complexities of brand protection. Whether you’re a start-up or an established business, we’re here to help you secure the unique aspects of your brand, ensuring it remains protected against imitation and misuse. Contact us to learn how we can support you in building a brand that’s not only memorable but also legally safeguarded. You can email us at info@nbrg.co.uk or calling 0800 069 9090.
Don’t leave your IP to chance – let’s protect your business together.
